A deceased estate has a range of potential claims that can be made against it. These arise not only from the actions of the deceased but also from legislation that deals with how deceased estates are administered and distributed.
Some examples of potential claims on a deceased estate include:
1 A claim by a creditor for money owed to the creditor by the deceased. To illustrate, a deceased may have been lent money while the deceased was alive which is now repayable.
2 A claim by an eligible person on a deceased estate. For instance, a child of a deceased may have received no provision in the deceased’s Will or inadequate provision. The child would ordinarily have 12 months from the date of death to make a claim on the deceased’s estate (the 12 month period relates to NSW).
In relation to a claim by a creditor, the Will may make some reference to how such a claim is to be dealt with. However normally the Will does not make any reference.
In relation to a claim by an eligible person on a deceased estate, these claims are very common particularly when the second parent dies, where there is uneven provision amongst children and/or when there are multiple marriages.
It is essential to obtain legal advice to protect your interests and those of an estate. For an obligation free discussion please contact us on 1800 180 500 or email sm@mcauleylawyers.com.au
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